Member Submission: A few FAQs on the process of removal from Florida Sex Offender Registry
FAC NOTE: The following was an article comment, posted by CherokeeJack, which was better suited as a post.
So Not sure where to post this but a lot of people including me had questions and now I have the answers from the lawyer posted on FAC site, Ron Kleiner. After speaking with him, he gave me permission to discuss the basics.
First I wanted to know what the cost was and I was dead on with my estimate, in fact I hit it right on the head. $10,000 (For his law firm anyway) to go before a judge on the 20 years off probation request to be removed from the registry.
He also stated what I already knew, there is no guarantee, and it also depends on the judge you get. He also stated the state is appealing that 20 year defense and trying to get that loop hole closed. He said by time I am eligible, it may or may not be done away with. (Again, even if the 20 year exception stands, there is no guarantee of relief)
I still have about 6 months before I can file and that was another question I asked, how far in advance do you file, he stated about 6 weeks before you are eligible based on the court dockets.
I forgot to ask if you get denied, if you can appeal that ruling, but I would assume that would cost even more than the initial payment.
I also asked since he was in South Florida, is that where I would go to court and he said no, He comes to the county in which you were sentenced for the hearing. I was assuming I was seeing the same judge that was letting people off after 20 years, but it can be different judges depending on where you were charged originally.
Additionally, if the 20 year rule stands, that would make things less stressful (Other than the cost).
FAC NOTE: The following was added by Ron Kleiner on 3/12/2023.
For all those who are considering petitioning to be removed from the Florida Sex Offender Registry, let me clear up a few misconceptions from the few comments that have been brought to my attention.
- I have been successful in about 12-15 cases in having people removed from the Florida Registry. All of the cases that we have prevailed in are based on the pre 2007 version of Fla. Stat 943.0435, which has the 20 year registration under state law, and compliance with Jacob Wetterling under Federal law, and not Adam Walsh act conditions. Jacob Wetterling has a mandatory 10 year registration period, with no disqualifying offenses. AWA conditions merged into the 2007 amendment which brought the minimum petitioning period to 25 years, but also brought with it AWA compliance, which for those of you with offenses that fall into tier 3 under SORNA, or in the enumerated conviction list in the post 2007 version of 943.0435, mean that you are not eligible to petition for life. That is the reason that our arguments are focused on the pre 2007 version of the statute.
I am very clear with every person with whom I speak, that arrests for any felony or misdemeanor are disqualifying. There are individuals who have asked me to take their case in front of the court, notwithstanding an arrest of this nature.
We recently prevailed in a very good opinion in Miami Dade county. and the state has chosen to appeal the ruling. We are hopeful to prevail again in the appellate court, and hope for the court to write an opinion on which version of the statute should be applicable to petitions under 943.0435.
I encourage anyone who is off sanction for 20 years and arrest-free to consider a petition in case the appellate court rules in the state’s favor and reverses with an adverse opinion. This will not only mean that those who are at 20 years must wait for 25, but that those with convictions that are not disqualified under the pre 2007 version, but that are disqualified under the post 2007 version, will NEVER be eligible for relief.
I also promise any person who petitions and does not prevail, that I will do their petition a 2nd time if/when they become eligible at no cost.
Anyone who has any additional questions is welcome to call me anytime at (844) RON WINS (844-766-9467), or to write me an email at [email protected]. I do not charge for phone calls or initial consultations.
Best luck and wishes to all.
RMK
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Qualifying and disqualifying offenses for removal of the “Sexual Predator” and “Sexual Offender” designations were first added in 2007 and enhanced periodically:
https://www.flsenate.gov/Laws/Statutes/2007/943.0435
https://www.flsenate.gov/Laws/Statutes/2008/943.04354
https://www.flsenate.gov/Laws/Statutes/2010/943.04354
https://www.flsenate.gov/Laws/Statutes/2016/943.04354
Additionally, both 775.21 and 943.0435 have added disqualifying offenses since 2007.
REPOSTED FROM February 15, 2020
For “Sexual Offenders:”
https://www.flsenate.gov/Laws/Statutes/1997/943.0435
No duration in statute.
https://www.flsenate.gov/Laws/Statutes/1998/943.0435
(11) A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has had his or her civil rights restored or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.
Duration of life/20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2007/943.0435
Duration of 25 years added by 2007-209
http://laws.flrules.org/2007/209
REPOSTED FROM February 15, 2020
There STILL seems to be a lot of confusion about durations of registration before petitions can be filed. I hope this clears things up.
For “Sexual Predators:”
https://www.flsenate.gov/Laws/Statutes/1997/775.21
(g) ……. a sexual predator who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court for the purpose of removing the sexual predator designation.
https://www.flsenate.gov/Laws/Statutes/1998/775.21
(l) ……. a sexual predator who was designated as a sexual predator by a court before October 1, 1998, and who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. A sexual predator who was designated a sexual predator by a court on or after
October 1, 1998, who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years, and who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation.
Duration of 20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2005/775.21
Duration of 30 years added
https://www.flsenate.gov/Laws/Statutes/2007/775.21
Duration of life added.
So My offense that landed me the sexual predator designation was from April 1998 and I was sentenced a month or so before Oct of 98. I was released from everything on April of 2006. This month it will be 17 years since I’ve had any parole/probation and I haven’t gotten in any trouble since then. I’ve always thought the time frame of 10 years was moved for me to 20 years or later. Can I petition for the courts to have the predator designation label removed? Are there forms online that are available to do that? I’d like to get that in the courts but it would be nice if I didn’t have to spend a ton of money with lawyers as well.
OK was going to be mad that my post to answer the questions were not posted, then I saw Ron came on here .Because I called him back and told him there were so many questions, I guess he knew he had to clear up some things.
Who could say it better than the lawyer/Attorney themself. Him taking the time to respond here further tells me he is an honest attorney and does care about his clients. I haven’t even hired him yet but he has always spent time with me and not ever rushed me when asking him important questions.
So now since he offered his info you can call/email him personally.
And good luck and much prayer.
Please see post addendum from attorney Ron Kleiner.
Ok i have a few questions regarding all this.
What new ruling is to be expected? I thought back in 2019 a judge in polk county Ruled that if you were on the registry before 2007 you are eligible for relief after 20 years unless your sentencing stated you are not eligible or you have been arrested since you were registered?
I was registered back in June of 2003 due to i was 23 years old meeting random women online on dating websites and hooking up and one of them turned out to be 14 which i wasnt aware. It was a 1 time meeting. I recieved a withheld of adjudication which has saved my bacon as far as work goes and i never did any prison time i just did 3 years of probation. I live in Washington state now as a Level 1 been here going on 7 years its great here. Ive never been arrested or in trouble before 2003 or since. Does my 20 years start from the sentencing or From when my probation is over?
My conviction happened in Nassau county (northern Florida above Jacksonville) is there a recommended lawyer in Northern florida since i believe i read i have to challenge it in the county i was convicted?
I can answer all of those.
First: The 20 year clock the day you complete all of your sentences, prison, probation, house arrest etc. Once you have completed all legal sanctions, the clock starts.
Second: The ruling you asked about was a challenge by the state trying to get the 20 year thing stopped and make us all be on for life. That is being heard in August, the same stupid month I am going to try and get released.
Lastly: It does not matter where you live in Florida, Ron Will represent you as long as you live in Florida. He lives in South Florida but if I hire him, he will come to court with me in North Florida.
Ugh….So since i had to do 3 years of probation i have 3 more long years of this left before i can challenge since I’ve been on this since June of 2003? Assuming they don’t say its for life as of August regardless? I really hope they cant get away with that in August.
Yes the 20 year clock starts the day you were no longer on any sanctions such as probation, prison, or house arrest. 20 years from the day you ended all sanctions is when you will be eligible unless the rules change.
And also, according to Mr. Kleiner, the 20 year rule only applies to you if you finished ALL sanctions (were completely off paper) before the rule changed from 20 to 25 in 2007.
Rayo
Then why is he taking my case when I am not at 20 years off registry until August and I told him that at least 5 times?
20 years free going back from 2007 would be 1987 when no registry existed so your claim is confusing. With your thinking, no one could ever get off because no one was on the registry in 1987 that I know of.
That’s not what I’m saying. Example: I was sentenced to 10 years probation in 1998. So, I finished my probation in 2008, a year after the 2007 amendment that changed early term from 20 to 25. So, according to Mr. Kleiner, I am not eligible for the 20-year termination because I was still on probation when the amendment happened in 2007. So, anyone whose sanction (prison, probation) ended after the 2007 amendment happened, is also ineligible for the 20-year termination.
Ok thanks for clearing that up.
Another confusing note: i wasnt convicted in florida. It was in ny and federal. (Off registry in my state) What court would my petition be in if its in the county you were convicted in?
Does anyone know the case # or case name that is being reviewed by the appeals court?